Legal Stalwarts Who Shaped Indian Constitutional Jurisprudence : Justice Dipankar Datta Discusses

Speaking at the 3rd Justice HR Khanna symposium, Supreme Court judge Justice Dipankar Datta paid tribute to legal stalwarts who have made significant contributions to the judiciary and enriched India's jurisprudence, ultimately ensuring the guarantee of liberty for the common man.Justice Dutta began by highlighting the eminent figure of Justice HR Khanna, emphasizing his unwavering commitment to upholding the rule of law, even in the darkest and most uncertain times. Justice Khanna's visionary decisions continue to profoundly impact and guide constitutional functionaries.Justice HR Khanna: Higher calling at the altar of conscience more important than constitutional officeJustice Khanna's powerful dissent in the ADM Jabalpur case during the Emergency in 1975 exemplified his foresight and courage. He was fully aware that his dissent would cost him the esteemed office of the Chief Justice of India. From his autobiography titled "Neither Roses nor Thorns," Justice Khanna reflected on his decision, stating that he had prepared a judgment that would ultimately cost him the position of CJIThe Supreme Court judge, in his speech, recalled a past instance of 3 senior judges being superseded for rendering judgment in Kesavananda Bharati much to the dislike of the ruling dispensation. The Kesavananda Bharati case, while establishing the basic structure doctrine, also resulted in the supersession of judges. Justice Khanna promptly resigned from his position after he was superseded following his dissent in ADM Jabalpur case. Justice Datta emphasized the pledge taken for higher calling was far more important than the constitutional office of CJI and quoted J. Khanna where he said “So ended my career on bench, had its ups and down. Moments of frustration and exaltation. Most of us when elevated to the bench, we go their certain mental commitments. It's like a pledge to one’s inner self, conscience and god. It is at the altar of conscience, that one would be answerable as to how far one has abided by the pledge. Verdict of one’s own inner self on one’s performance.”Justice Datta highlighted that India's constitutional courts would continue to rely on the sacred illumination provided by the basic structure doctrine. Just like sunlight is the best of disinfectants, basic structure enhanced transparency and accountability. He cautioned that if a virus is responsible for any attempt to tinker with the basic structure, the glazing sunlight radiated from the basic structure would be adequate to remove incompatibility.Justice Datta said that to us, J. Khanna is seen as a savior from the ruthless executive during the 70s.Justice Bijan Mukherjee: Threatened to resign if judicial seniority tampered by govtJustice Datta then turned his attention to Justice Bijan Mukherjee, the fourth Chief Justice of India, whom he described as a great advocate, an exceptional judge, and a saint in the true sense.He recounted an instance where such supersession was averted within 2 years of the establishment of the Supreme Court. He quoted from Sudish Pai’s book: Legends in Law: Our great forebearers that “on the death of CJI Kania in 1951, government intended to supersede Justice Patanjali Shastri and MC Mahajan and appoint Mukherji since he would have a longer tenure. But he was not agreeable and threatened to resign from SC if he was superseding both of them.”Justice Dutta highlighted Justice Mukherjee's notable contribution regarding the doctrine of colourable legislation, where he held that the said doctrine does not concern the bona fide or mala fide intentions of the legislature but rather relates to the question of legislative competenceJustice Datta discussed the pivotal judgment of Rai Saheb, Ram Jawaya Kapur, where the separation of powers and the definition of executive functions were examined. He also referenced the Shirur Math case, which addressed Hindu law relating to religious endowments, and the Ratilal Gandhi case, which provided a comprehensive definition of constitutional protections for religious liberty. Additionally, Justice Dutta highlighted the decisions in Charanjitlal Choudhary and Anwar Ali Sarkar, where the doctrine of classification was enunciated, and emphasized that the principles laid down in these cases have stood the test of timeJustice YV Chandrachud: Constitution is a precious heritage whose identity cannot be destroyedMoving on to the 16th and longest-serving Chief Justice of India, Justice YV Chandrachud, Justice Dutta applauded his intellectual prowess, judicial vision, elegant expression, and unwavering commitment to justice. He highlighted how Justice Chandrachud's tenure coincided with a critical period in the Indian judiciary, during which he expansively interpreted Article 21 to safeguard the liberties of disadvantaged sections of society. Notable cases mentioned include Gurubaksh Singh Sibbia, where Section 438 of the Code of Criminal Procedure was liberally interpreted to align with the principles of...

Legal Stalwarts Who Shaped Indian Constitutional Jurisprudence : Justice Dipankar Datta Discusses

Suraj Kumar

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